From: Shinn Capt Scott R <scott.shinn@usmc.mil>
To: jim rowe <jroweusmc@yahoo.com>
Cc: Haytham Faraj <haytham@puckettfaraj.com>
Sent: Thursday, January 26,
2012 7:13 AM
Subject: RE: To Deal or not to Deal
Jim,
We discussed this at length on the phone yesterday and I thought you understood... your GCM conviction is NOT a felony. Explained further, there isn't a clear distinction between Special CMs/ General CMs vs. the misdemeanor/felony convictions on the civilian side. Ultimately, itâs a state-by-state determination on whether a GCM = a felony, but I'm 99.999% sure that no state would consider your conviction a felony.
That being said, whenever someone runs a background check on you the conviction will pop up and you'll have to explain what it means. The toss-up here is whether you want to have to explain to potential employers about a GCM conviction or an OTH (or perhaps both if things go badly at the BOI). Your VA benefits vested when you got your first honorable discharge so you don't have to worry about losing those, regardless.
Realistically, the fight at the BOI will be an
uphill battle but the worst that can happen is an OTH, which is exactly what you'd get if you waived the BOI. Best case scenario is either retention (which you've said that don't want) or an Honorable discharge.
Offering up a post-trial agreement waiving the BOI in exchange for setting aside the GCM is one option. The other option is fighting at the BOI for a better characterization/retention, but we need to make a decision on which way you want to go relatively quickly.
Standing by...
~Russ
-----Original Message-----
From: Haytham Faraj [mailto:
haytham@puckettfaraj.com]
Sent: Wednesday, January 25, 2012 21:40
To: jim rowe
Cc: Shinn Capt Scott R
Subject: Re: To Deal or not to Deal
Yes. That's what you'll carry with you.
Haytham Faraj
Sent from my iPhone
On Jan 25, 2012,
at 6:32 PM, jim rowe <
jroweusmc@yahoo.com> wrote:
I though all general court martial convictions show up as felonies. So that would make the characterization of service more important?
________________________________
From: Haytham Faraj <
haytham@puckettfaraj.com>
To: jim rowe <
jroweusmc@yahoo.com>
Cc: "
scott.shinn@usmc.mil" <
scott.shinn@usmc.mil>
Sent: Wednesday, January 25,
2012 8:08 PM
Subject: Re: To Deal or not to Deal
Your conviction is not a felony.
Haytham Faraj
Sent from my iPhone
On Jan 25, 2012, at 1:02 PM, jim rowe <
jroweusmc@yahoo.com> wrote:
Gentlemen,
Maigen and I have a few questions in going forward with a BOI or offering the deal of taking an OTH in exchange for an NJP rather than a General Court Martial Conviction.
1) From my limited internet research it appears that in the federal system all General Court Martials are considered felonies. Since I am now a
felony adulterer, which is harder to explain in your opinion, a felony conviction or an OTH?
2) Does my taking an OTH effect my civil case against the Klay's?
3) What loss of benefits would be worth fighting for in a BOI characterization of discharge if it means keeping a felony conviction on my record?
Thanks
Jim